how can I stop the ROC for my soon to be ex-spouse

[JakStat 0]

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

[Anh map 2,098]

If the green card was issued then the Adjustment of Status has occurred. There is nothing that can change this. The Removal of Conditions can be done without your participation. Unless you can document and prove fraud there is nothing that you can do.

If the marriage is broken, divorce and move on.

[missicy 87]

She just received conditional Green card in March 2011, correct? And you are still legally married but separated? If that's the case then there's no way that she could have applied for removal of conditions herself, she is lying to you. She can apply to remove conditions once the divorce is final, but she will have to prove that the marriage was entered in good faith. There's nothing you can do do stop that, unless you can prove fraud (if that's the case).

[payxibka 10,044]

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

you can do nothing

[JakStat 0]

She just received conditional Green card in March 2011, correct? And you are still legally married but separated? If that's the case then there's no way that she could have applied for removal of conditions herself, she is lying to you. She can apply to remove conditions once the divorce is final, but she will have to prove that the marriage was entered in good faith. There's nothing you can do do stop that, unless you can prove fraud (if that's the case).

Sorry, I made a mistake in my original post. Here is the timeline of events.

October 2009 - Married

March 2010 - Interviewed

March 2010 - Separated

May 2010 - I leave the country for new job.

December 2010 - She notified me that she is going back to her home country for Christmas/New Years, so I'm assuming she has her Visa at this point.

Present day - She mentioned she filed her papers the beginning of the month (not sure to who), and can only file for divorce AFTER she receives an answer (not sure from who).

What are the steps that I can take at this point?

Secondly, yes - the marriage was based on fraudulent account. Does this mean that I as well could face severe consequences?

Edited June 29, 2011 by JakStat

[Anh map 2,098]

You must prove your allegation of fraud to have any impact on her green card.

If you committed the fraud then you would face sanctions/consequences as well.

[Anh map 2,098]

*Moved from Adjustment of Status forum to Removal of Conditions forum.*

Duplicate topic removed from Removal of Conditions forum

[missicy 87]

I don't know what she filed and who she is waiting an answer from but she won't be able to remove conditions on her green card herself until after the divorce is final.

[JakStat 0]

Anh map, thank you for moving the topic to the proper area.

Missy, thank you for answering my question, even thought I couldn't provide as much detail. Just curious, do both parties need to show up for the I-751 interview?

[Irrelevant 1]

Unfortunately, after that time we became separated and as of till this date are no longer together.

Secondly, yes - the marriage was based on fraudulent account. Does this mean that I as well could face severe consequences?

This is not making much sense, you are putting out mixed info- I guess i see you could be in 3 cases possibly:

You entered the marriage in good faith, and later found out your wife's intentions were to commit immigration fraud, unbeknownst to you. If that's the case then I don't see why you would face any consequences but you would have a tough time proving it. If you have the time/resources to devote to it I guess you could try...

You entered the marriage in good faith, and so did your wife, but things didn't work out and you are seperating. In this case there is no fraud involved, like Anh said, divorce, move on -its none of your business at that point.

You entered the marriage to commit immigration fraud. If that's the case umm.. yeah...

Edited June 29, 2011 by Irrelevant

[Ban Hammer 12,835]

topic title modified to more accurately reflect the question posed.

[Inky 1,110]

Anh map, thank you for moving the topic to the proper area.

Missy, thank you for answering my question, even thought I couldn't provide as much detail. Just curious, do both parties need to show up for the I-751 interview?

Yes both USC and LPR MUST show up for the interview. ROC is a JOINT petition. The only time both do not show up for an interview is if the ROC is being filed after a divorce.

ROC may or may not have an interview.

[Richard-Y-Abigail 18]

If she left the USA without first applying for her green card, and she did not apply for an AP, then she cannot re-enter the United States.

If she received her two-year conditional residency permit, and she left the country for more than the time allowed, then her residency rights are removed.

The way I see it, you are the injured spouse, and if I were you, I would not hesitate in starting divorce proceedings, making sure that the reason for divorce are clearly outlined in your divorce papers. Since she is no longer in the US, then you can say she abandoned the marriage.

I wish you the best.

[rika60607 215]

From your description it is hard to tell where in the immigration process your wife is... If she already has a GC (even a 2 year GC), there is nothing you can do without the evidence of fraud.

If you have hard evidence of fraud on her part - send it by mail to ICE and USCIS and follow up with a phone call.

If you do not have evidence, just file for divorce (and notify USCIS about it). Why would you wait for her to divorce you?

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

[amesa 9]

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

Why don't you pull your 1-864 - your affidavit of support? That IS what you can do. If she just got approved earlier this year for a spousal visa to come to the US, then she only has CONDITIONAL residency. Send a letter in writing to USCIS, to your local and regional immigration office and to ICE with a copy of your immigration notices and a copy of your initial affidavit of support that you filed, indicating that you are getting divorced and no longer wish to support the person. She can file her paperwork, but without your support affidavit, they won't approve her. Unless, of course, she cries foul and tries to claim abuse or something.

If she already had her 10-year residency, then there would be nothing you could do but divorce, but she is still a conditional resident. You can still request your support be pulled.